A collision with a semi-truck can leave an injured driver or passenger wondering who is actually responsible for what happened. The answer may seem obvious if the truck driver ran a red light, changed lanes without enough clearance or rear-ended another vehicle. But determining legal responsibility for a commercial truck accident can be more complicated. Depending on the circumstances, responsibility for a Phoenix semi-truck accident may extend beyond the driver. A trucking company, maintenance provider, cargo-loading company, vehicle or parts manufacturer, another driver, or a combination of parties may have contributed to the collision.
Identifying the responsible parties can be particularly important when a truck accident causes catastrophic injuries or death. An investigation may need to consider not only what happened in the moments before the crash, but also how the truck was maintained, how long the driver had been working, how the cargo was loaded and whether decisions made by the trucking company contributed to the accident. If you or someone you know was injured or killed in a semi-truck accident in Phoenix, contact Sutter Law Group for a free consultation to determine if you have a case.
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Who Can Be Held Responsible for a Phoenix Semi-Truck Accident?
There is no single answer that applies to every truck accident. The party or parties who may be responsible depend on why the collision occurred and whose actions contributed to it.
Potentially responsible parties can include:
- The truck driver
- The trucking or motor carrier company
- A company responsible for maintaining or repairing the truck
- A company that loaded or secured the cargo
- The manufacturer of a defective truck or component
- Another driver whose actions contributed to the collision
In some accidents, the investigation may point primarily to one person or company. In others, several parties may share responsibility. This distinction can matter in Arizona because state law generally requires the fault of the people or companies that contributed to an injury to be considered when determining responsibility in personal injury and wrongful death cases.
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When Can the Semi-Truck Driver Be Responsible?
A semi-truck driver may be held responsible when the driver’s negligent or unsafe actions contribute to causing the accident and resulting injuries. Like other motorists, commercial truck drivers are expected to operate their vehicles with reasonable care. They must also comply with federal and state safety requirements that apply to commercial driving.
Examples of driver conduct that may contribute to liability include:
- Speeding or driving too fast for traffic or road conditions
- Following another vehicle too closely
- Making an unsafe lane change or turn
- Failing to yield
- Driving while distracted
- Driving while impaired
- Failing to properly inspect the truck before driving
- Violating applicable commercial trucking safety requirements
For example, if a truck driver is distracted and fails to notice traffic slowing ahead on I-10, causing the truck to rear-end another vehicle, evidence of the driver’s actions may support a finding that the driver was responsible for the collision. It’s important to note, holding the driver responsible does not necessarily mean the driver is the only responsible party. The trucking company or another business may also share responsibility depending on the circumstances surrounding the crash.
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Who May Be Responsible When Driver Fatigue Causes a Truck Accident?
Driver fatigue presents a more complicated liability question because responsibility may extend beyond the person behind the wheel. Commercial truck drivers are subject to federal hours-of-service rules designed to limit driving time and provide required periods of rest. Under current Federal Motor Carrier Safety Administration rules, a property-carrying commercial driver generally may drive for a maximum of 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty, subject to applicable rules and exceptions.
If a driver continues operating a truck despite being too fatigued to drive safely, the driver’s actions may become an important part of determining responsibility for an accident. However, an investigation may also examine the trucking company’s role. Depending on the circumstances, questions may include whether company scheduling, dispatch practices or other pressures contributed to unsafe driving or whether the company failed to address known safety concerns.
This means a fatigue-related truck accident may involve questions about both driver conduct and trucking-company practices rather than automatically placing responsibility on only one party. Electronic logging device records, dispatch and trip information, electronic communications and other records may help establish how long a driver had been working and driving before a collision. These records can become particularly important when the driver and trucking company disagree about what happened before the crash.
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Can the Trucking Company Be Held Responsible?
Sometimes the most important question after a serious truck accident isn’t simply “What did the driver do?” It is also “Did something the trucking company did or failed to do contribute to the crash?” The answer depends on the facts of the particular accident and the relationship between the driver, truck and companies involved. For example, an investigation may examine whether a motor carrier properly inspected and maintained its vehicles, addressed known safety problems, or complied with applicable safety requirements. Federal regulations require motor carriers to systematically inspect, repair and maintain commercial motor vehicles subject to their control and to keep required parts and accessories in safe operating condition. Maintenance records may therefore become important when an accident involves possible brake problems, tire failures, steering problems, lighting issues or another mechanical condition.
Other cases may raise questions about driver qualification, training, supervision, scheduling or whether company practices contributed to unsafe driving. The important point for an injured person is that the truck driver may not be the only potential source of responsibility. Determining whether a trucking company or another business contributed to the collision requires examining the facts behind the accident.
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Can Someone Other Than the Driver or Trucking Company Be Responsible?
Commercial trucking can involve several different companies. The business operating the truck may not necessarily be the company that owns the trailer, services the vehicle, loads the cargo or manufactures its components.
That can create additional questions about responsibility.
Truck Maintenance and Repair Companies
A third-party repair or maintenance provider may become relevant if improper repairs or maintenance contributed to a mechanical failure that caused the collision.
For example, an investigation into a truck that could not stop properly might include the condition of its braking system, previous inspections, reported problems and repairs performed before the accident.
Cargo Loading Companies
Cargo can affect the way a commercial truck handles. Improperly loaded or secured cargo can potentially shift, fall from a vehicle or affect the driver’s ability to control the truck.
When cargo contributes to an accident, determining who loaded and secured the shipment may become part of the investigation.
Truck and Parts Manufacturers
A defective component may also contribute to some crashes. Tires, brakes, steering systems and other vehicle components can become relevant when evidence indicates that a product failure played a role in the collision.
Other Drivers
Not every collision involving a semi-truck is caused exclusively by the truck driver.
Another motorist may make an unsafe maneuver that causes a truck driver to react, leading to a collision involving several vehicles. This can be especially important in multi-vehicle crashes on heavily traveled Phoenix-area highways and freeways.
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What Happens When More Than One Party Is Responsible?
A truck accident does not necessarily have to be entirely one person’s fault. Arizona law specifically addresses the allocation of fault in personal injury and wrongful death cases. Under A.R.S. § 12-2506, liability for damages is generally several rather than joint, subject to statutory exceptions. The factfinder determines the relative degree of fault of the claimant, defendants and certain nonparties when allocating fault.
In practical terms, a serious truck accident investigation may identify several contributing factors. For example, evidence might indicate that a truck driver was traveling too fast while a maintenance problem also affected the truck’s ability to stop. In another accident, the truck driver and another motorist may both have made mistakes that contributed to a multi-vehicle collision. Identifying the parties whose actions contributed to the crash is therefore an important part of evaluating a Phoenix truck accident personal injury claim.
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What If You Were Partially Responsible for the Truck Accident?
Being partially responsible for an accident does not necessarily prevent an injured person from pursuing compensation in Arizona. Under A.R.S. § 12-2505, when comparative negligence applies, a claimant’s action is not barred simply because the claimant shares responsibility. Instead, the claimant’s damages are reduced in proportion to the claimant’s relative degree of fault that proximately caused the injury or death. The statute contains an exception involving intentional, willful or wanton conduct by the claimant. For example, a driver injured in a collision with a semi-truck might be found partially responsible for the accident while the truck driver or another party is assigned a greater percentage of fault. The amount recoverable by the injured driver could then be reduced according to the percentage of fault assigned to that driver. Because fault may be disputed after a serious collision, an injured person should not necessarily assume that an insurance company’s initial assessment determines who was legally responsible.
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When a Phoenix Semi-Truck Accident Results in Wrongful Death
The consequences of a collision involving a commercial truck can be devastating. When someone dies because of injuries sustained in a truck accident, Arizona law may allow certain surviving family members to pursue a wrongful death claim. Under A.R.S. § 12-611, a wrongful death action may arise when a person’s death is caused by a wrongful act, neglect or default that would have allowed the injured person to pursue an action for damages had the person survived. Arizona law also specifies who may bring a wrongful death action. Under A.R.S. § 12-612, an action may be brought by and in the name of the surviving spouse, child, parent or guardian, or the personal representative of the deceased person. A fatal truck accident may require many of the same liability questions as a serious personal injury case:
Was the truck driver negligent? Did the trucking company contribute to the crash? Was there a maintenance problem? Did another business or driver contribute? Were multiple parties responsible?
Answering those questions can be particularly important when a collision involves a commercial truck because the events leading to the crash may extend beyond the driver’s actions immediately before impact. Families dealing with a fatal truck accident may therefore need to determine not only how the accident happened, but every person or company whose conduct contributed to the loss.
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Why Evidence Can Be Critical in a Phoenix Truck Accident Claim
Determining responsibility after a semi-truck accident can require considerably more information than what appears in a police report. Depending on the circumstances, potentially relevant information may include electronic logging device records, dispatch and trip records, electronic communications, maintenance and inspection records, cargo documentation and other records associated with the truck and driver.
Federal regulations require motor carriers subject to the ELD recordkeeping requirements to retain records of duty status and supporting documents for six months from the date of receipt. Supporting records can include dispatch and trip records, certain electronic mobile communications and other business documents. That is one reason identifying potentially relevant evidence can become an important part of investigating a commercial truck accident.
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How Long Do You Have to Bring a Truck Accident Claim in Arizona?
Deadlines can apply to both personal injury and wrongful death claims. Under A.R.S. § 12-542, many Arizona actions for personal injuries must be commenced within two years after the cause of action accrues. When death results from the injuries, the statute provides that the action is considered to accrue at the death of the injured person. However, the deadline that applies to a particular case can depend on the circumstances, and other notice requirements or deadlines may apply in some situations.
For that reason, someone who has been seriously injured (or a family dealing with a fatal truck accident) should not rely solely on a general statute of limitations when determining the deadline applicable to a specific claim. For the best guidance on how long you have to file a claim, schedule a complimentary case consultation with Mark Sutter who can provide recommendations specific to your case.
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Phoenix Semi-Truck Accident FAQs
Who is usually responsible for a semi-truck accident in Phoenix?
Responsibility depends on what caused the collision. A truck driver, trucking company, maintenance provider, cargo-loading company, manufacturer, another motorist or multiple parties may potentially share responsibility.
Can I sue the trucking company if its driver caused my accident?
Potential liability of a trucking company depends on the facts, including the driver’s relationship with the company and whether the company’s own actions or failures contributed to the accident. An investigation may examine issues such as vehicle maintenance, safety practices, driver-related records and other circumstances surrounding the collision.
What if a tired truck driver caused the accident?
Driver fatigue may be relevant to determining responsibility. Federal hours-of-service regulations limit the amount of time many commercial truck drivers may drive, and electronic logging records and supporting documents may provide information about a driver’s work and driving time.
Can more than one company be responsible for a truck accident?
Potentially. Commercial trucking operations can involve motor carriers, vehicle owners, maintenance providers, cargo companies and other businesses. Depending on the evidence, more than one party may have contributed to a collision.
Can I recover compensation if I was partially at fault?
Potentially. Arizona follows a comparative-fault system. Under A.R.S. § 12-2505, a claimant’s action generally is not barred simply because the claimant shares fault, but damages may be reduced according to the claimant’s relative degree of fault, subject to the statute’s limitations.
Who can bring a wrongful death claim after a fatal truck accident in Arizona?
A.R.S. § 12-612 identifies the people who may bring an Arizona wrongful death action, including a surviving spouse, child, parent or guardian, or the personal representative of the deceased person, as provided by the statute.
How long do I have to file a Phoenix truck accident lawsuit?
A.R.S. § 12-542 establishes a two-year limitation for many actions involving personal injuries and injuries resulting in death. The exact deadline can depend on the circumstances, so a person should determine the deadline applicable to the specific case rather than relying only on the general rule.
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Talk With a Phoenix Semi-Truck Accident Attorney
When a semi-truck accident causes a serious injury or death, determining responsibility may require looking beyond the circumstances immediately visible at the crash scene. The truck driver’s actions are important, but so are questions about the trucking company, vehicle maintenance, driver schedules, cargo, other motorists and any additional businesses that may have contributed to the collision.
Sutter Law Group represents individuals and families in Phoenix and throughout Arizona in serious personal injury and wrongful death matters. If you or someone in your family has been seriously injured in a collision involving a semi-truck or other commercial vehicle, contact Sutter Law Group to schedule a free consultation and discuss the circumstances of your case.
The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is different, and reading this page does not create an attorney-client relationship.
